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ZOOMERAL Terms Of Use

Zoomeral.com Terms of Use

Effective Date: October 9, 2020

By accessing Zoomeral.com and using the services available on this site, you agree to be bound by the Terms of Use below. Please read these terms carefully. If you do not agree to these terms, do not access or use this website.

Products and Services
Zoomeral.com is NOT a Broker Dealer. All products and services are provided strictly on a best efforts basis. Zoomeral allows directory subscribers to purchase digital data storage and to advertise. Zoomeral charges for digital data storage, advertising, and opt-in advertisements. In addition, Zoomeral.com does not provide any advisory or service-related work. Zoomeral.com does not connect any party to another party. To use the service, you must sign up online. Zoomeral.com’s collection and use of any information we obtain from you is subject to this site’s Privacy Policy. By using this website or services offered on this website, you also agree to the terms and conditions set forth in the Privacy Policy. If you do not agree to these Terms of Use and the separate Privacy Policy, DO NOT use this site.

Once a subscriber submits their information on this site, you are making your advertisement/ information available to one or more participating lenders or investors either while keeping your identity anonymous or not, which is entirely your choice. By submitting data, you understand and agree that you are submitting an inquiry about a possible loan or investment product to each of the participating lenders or investors sing the Zoomeral.com site. By submitting any application form, you are extending an express invitation to each of the participating lenders with whom your information is shared to contact you by any means you have made available or input into our directory (including, without limitation, email, telephone, text and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Participating lenders who review your financial profile, or receive your application information, review your information in real-time to determine whether your information meets their loan qualification criteria. By submitting your information or any application form, you are providing express consent for participating lenders to, among other things, to verify your social security number, perform a credit check, and review your information against national databases that track consumer transactions with lending institutions. By submitting the application form, you are also providing express consent for the participating third-party lender you are connected with to share among its affiliates, loan servicers, and bank partners any information related to financial products or services received for the purpose of evaluating you for credit. Lenders may ask for additional identifying information (e.g., driver’s license documentation), in conjunction with running credit reports.

If a participating lender determines that your application meets its loan qualification criteria, they will message or communicate with you directly identifying the name(s) and contact information of the lender(s) or direct you to the lender’s website. You understand and agree that, once you choose to visit their website, Zoomeral.com has no involvement in the loan application or approval process other than as a repository of your information you elect to add to your Zoomeral profile. Your subsequent interactions with the lender are subject to privacy policy, terms of use and other policies enforced by that lender.

Zoomeral.com is not a lender or a broker dealer and does not make loans or credit decisions in connection with its loan directory service. Zoomeral is only a directory whereby someone can place an advertisement and someone else can choose to search to view that advertisement. Zoomeral.com does not guarantee acceptance into any loan program or specific loan terms or conditions with any participating lender or that anyone will ever be contacted at all from another party using our website for that matter. Zoomeral.com is not an agent of any participating lender.

Zoomeral.com is not involved with a lender’s use and/or review of your application information or in deciding whether you meet a lender’s loan qualification criteria. The lender is solely responsible for its services to you, and you agree that Zoomeral.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan connecting service. You may be contacted by a third party that requires a fee to proceed. In this event, we strongly advise you to seek professional counsel before you pay any fee to proceed. Zoomeral.com cannot possibly dictate 3rd party fees of any kind and we will not put ourselves in a position to do so.

Zoomeral.com reserves the right to change any information, features and/or functions of our directory without prior notice. Zoomeral.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Zoomeral.com determines, in its sole discretion, violate these Terms of Use, the rights of Zoomeral.com or any third party, or is otherwise inappropriate. Zoomeral.com is not responsible for any errors or delays in providing the loan connecting services caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.

Opt-In Programs and Advertisements
Regarding, any and all, opt-in programs and your financial profile, you acknowledge that you are freely electing, on your sole election, to enter into these programs and other advertisements by checking the box and opting into any of them or by inputting, updating, or submitting your personal or business data. By opting into any program or advertisement, again, there is absolutely no guarantee, of any kind, that any potential lender or funding source will offer you or your business, any amount of capital at all. In addition, Zoomeral.com cannot guarantee that any third party will ever even attempt to communicate with you or your business.

Product and Service Fees for Businesses
Zoomeral neither charges, nor accepts any fees, of any kind, in connection with equity transactions. Zoomeral charges businesses Three Percent (3%) for any debt transaction. For example, if your business accepts and closes a $500,000.00 line of credit or loan with a lender sourced from our platform, then your business would owe Zoomeral, Inc. $15,000.00 at loan closing and funding. This includes any restructuring efforts with your current lender(s). Our platform and process promotes maximum competition in order to save all our subscriber’s money. It is very common for current lenders to evaluate what they currently charge you and then restructure or refinance your current loan/s in order to not lose your business. In this event, Zoomeral, Inc. would charge for this successful restructuring with any or all of your current lender(s). The charge would be the same Three Percent (3%) success fee.

Strict No Refund Policy
Zoomeral.com has a strict No Refund Or Partial Refund policy in place at all times for all products and services. You are fee to cancel your subscription at any time. In the event that you do, we offer absolutely no refunds or partial refunds of any kind.

E-Consent
You agree that submitting your loan request and/or your financial profile advertisement acts as your electronic signature. You further consent that we and any lender we share with, or that reviews any information you place on our platform can communicate with you electronically or by any other manner and that any required disclosures may be provided to you electronically or by any other manner. Some lenders may require information be provided on the Zoomeral platform.

Disclaimers and Limitations
This website and the information, software, products and services associated with it are provided ‘as is.’ Zoomeral.com expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website and any information, software, products provided herein, including without limitation the warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Zoomeral.com makes no warranty as to the results that may be achieved by using this website and the information, software, products, and services associated with it.

Use of this website and/or its services is at your own risk. Zoomeral.com and/or its participating lenders or advertisers or any of their officers directors, agents, subsidiaries, affiliates, employees, attorneys, successors, assigns, content providers or service providers will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages or other injury arising out of or in any way connected with the use of this website and/or its services with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Zoomeral.com or its participating lenders have been advised of the possibility of damages.

Zoomeral.com makes no representation that materials on the site are appropriate or available for use in locations other than the United States. Those who n choose to access Zoomeral.com from outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with federal, state and local laws, if and to the extent applicable.

Indemnity
As a condition of using this website and/or the services offered herein, you and your business agree to indemnify Zoomeral.com and its participating lenders, from and against, ANY and ALL liabilities, expenses (including attorneys’ fees) and damages arising out of any claims that YOU or YOUR BUSINESS could choose to make resulting from your use of this website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms. In addition, you agree, to pay Zoomeral.com, within five (5) calendar days, upon its first demand, a reasonable $5,000.00 (Five Thousand Dollar), retainer fee that Zoomeral.com will use for legal expenses, to remedy ANY claim you or your business has made to any third party, or any written post you have chosen to publicize about Zoomeral or any of its employees on ANY media platform. In addition, you agree to pay, any and all, of the necessary additional reasonable, attorney fees until your claim or action is resolved to Zoomeral’s sole satisfaction. This includes any claims or negative statements that you may submit/create on ANY social media platform of any kind. Zoomeral.com will not tolerate any form of damaging statements. If you are ever unhappy with the services, you are free to cancel your subscription and abandon the use of the site entirely.

Links to Third Parties
This website may contain links to other websites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. Zoomeral.com does not operate or control in any respect any information, software, products or services available on such third-party sites. Zoomeral.com’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Trademark and Intellectual Property & Non-Competition
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the site, are registered and unregistered Trademarks of Zoomeral.com. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any content on the site without the written permission of Zoomeral.com. You and your business, as a subscriber, (individually and Collectively, “Subscriber”)acknowledge that during the use of this platform with, or through Subscriber’s involvement with this platform, Subscriber has and will become familiar with trade secrets and other Confidential Information concerning Zoomeral, and with investment opportunities relating to potential lenders. Therefore, you agree that, during the use of Zoomeral.com and for a period of two years hereafter (the “Noncompete Period”), Subscriber will not directly or indirectly own, manage, control, participate in, consult with, render services for, or in any other manner engage in any business, or invest in or lend money to any business (in each case, including on Subscriber’s own behalf or on behalf of another person) which constitutes or is competitive with (including, without limitation, by competing for the same subscriber or customer base) any business conducted by Zoomeral or lenders (any such business, a “Competitive Business”). Nothing in this section will prohibit Subscriber from (i) being a passive owner of less than 5% of the outstanding stock of a corporation of any class of any Competitive Business which is publicly traded, so long as you have no direct or indirect participation in the business of such corporation or (ii) at any time during the portion of the Noncompete Period following the termination date of the Zoomeral services, being employed in any Competitive Business or investing in or lending money to any Competitive Business, provided that Subscriber has no direct involvement in any aspect of such Competitive Business. By using this site, Subscriber acknowledges that Subscriber has read carefully and had the opportunity to consult with legal counsel regarding the provisions of this section. Any Subscriber that does or discloses that they have any intention of competing shall be immediately terminated, in the event that they are a referral agent, their account shall be immediately deleted, and finally, in accordance with our no-refund policy, shall not be entitled to any refund or partial refund of any kind.
Other Terms

These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Zoomeral.com. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely resembles the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Zoomeral.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Zoomeral.com may amend these Terms at any time by posting the amended terms on its web site. Your continued use of the site after any modification will act as an agreement to the Terms of Use as modified. All amended terms are automatically effective immediately, upon posting. Finally, please understand that there is absolutely no guarantee of any kind that you receive any offers for any type of funding or financing from the use of this website. This guarantee cannot be made. You are choosing to advertise your needs and requests and it is entirely up to others to seek them out and respond to them. We are not in control of third parties and do not pretend to be.